NEWS

County jails saying no to holding detainees without a judge's oversight

For years, jails would detain suspected undocumented immigrants without a warrant on behalf of Immigration and Customs Enforcement.

Updated: 5:22 PM CDT Aug 19, 2014

Advertisement

Advertisement

Share

Copy Link

{copyShortcut} to copy
Link copied!

County jails saying no to holding detainees without a judge's oversight

For years, jails would detain suspected undocumented immigrants without a warrant on behalf of Immigration and Customs Enforcement.

Updated: 5:22 PM CDT Aug 19, 2014

Hide TranscriptShow Transcript

County jails saying no to holding detainees without a judge's oversight

For years, jails would detain suspected undocumented immigrants without a warrant on behalf of Immigration and Customs Enforcement.

Updated: 5:22 PM CDT Aug 19, 2014

Share

Copy Link

{copyShortcut} to copy
Link copied!

Advertisement

WEBVTT FOR YEARS... JAILS WOULD DETAIN SUSPECTED UNDOCUMENTED IMMIGRANTS WITHOUT A WARRANT ON BEHALF OF IMMIGRATION AND NOW THAT IS CHANGING FOR THESE 22 IOWA COUNTIES SHOWN HERE IN BLUE..INCLUDING POTTAWATTAMIE. K-E-T-V NEWSWATCH SEVEN'S CHINH DOAN IS THERE LIVE. WHEN A PERSON IS TAKEN INTO CUSTODY AT A COUNTY JAIL LIKE THIS ONE, ICE SOMETIMES ISSUES WHAT'S CALLED A "DETAINER" REQUEST...HOLDING THE INDIVIDUAL UP TO 48 HOURS. THAT GIVES ICE TIME TO DO BACKGROUND CHECKS AND DETERMINE WHETHER THE PERSON SHOULD BE DEPORTED. FOR YEARS, THE SHERIFF'S OFFICE COMPLIED... UNTIL JULY, DUE TO CONCERNS OF LIABILITY AND LAWSUITS. (NATS - door slams "so right here is one of our standard intake cells") AT THE THIS IS TE FIRST STOP FOR ALL INMATES, INCLUDING THOSE BELIEVED TO BE UNDOCUMENTED IMMIGRANTS.(SHERIFF JEFF DANKER: we are paid a certain rate for housing those prisoners per day )SHERIFF JEFF DANKER SAYS IT'S ABOUT 79 DOLLARS A DAY TO HOLD EACH DETAINEE FOR IMMIGRATION AND CUSTOMS ENFORCEMENT INSIDE THIS 288-BED JAIL.(CHINH DOAN:This cell for example holds 10-12 people at a time individual is classified and taken to an assigned cell.) (NATS- cell closing pan up ) BUT NOW... IT'S CLOSED TO ICE WITHOUT A COURT ORDER.(SHERIFF JEFF DANKER: theres been some concerns whether we have the judicial authority to actually hold these prisoners )(ERICA JOHNSON: IF SOMEONE IS HELD IN SORT OF PROBABLE CAUSE ISSUED BY A JUDGE - THAT RAISES SERIOUS CONSTITUTIONAL CONCERNS.")THE A-C-L-U OF IOWA SENT THIS LETTER TO ALL 99 COUNTIES HAVE AGREED.(NATS - cell opening )BUT ICE SAYS REFUSING TO HOLD WHAT COULD BE POTENTIAL CRIMINALS OPENS UP A WORLD OF TROUBLE... AND QUOTE UNDERMINES ITS ABILITY TO PROTECT PUBLIC SAFETY AND IMPEDES FROM ENFORCING THE NATION'S IMMIGRATION LAWS. SHERIFF DANKER SAYS IT'S ABOUT FOLLOWING THE LAW TO AVOID LEGAL TROUBLES(SHERIFF DANKER: we do not want to be holding prisoners that again we do have the judicial authority to hold) THE NEBRASKA CHAPTER OF THESE LETTERS TO COUNTIES, WARNING THEM OF POSSIBLE CITIZEN HAS ALREADY SUED SARPY COUNTY FOR HOLDING HIM BECAUSE HE WAS BELIEVED TO BE UNDOCUMENTED. COUNTY ATTORNEY LEE POLIKOV TELLS ME THE JAIL IS CURRENTLY NOT HOLDING PRISONERS WITHOUT COMMENT ANY FURTHER DUE TO THE PENDING COURT CASE. BACK TO YOU.